To Whom It May Concern:

Transcription

1 To Whom It May Concern: Attached is a Power of Attorney (POA) which is required by OIA Global Logistics to transact Customs business or to execute export shipments on your behalf. Please use the following guidelines in determining the proper authority to sign this document. Corporations: A Power of Attorney from a corporation must be signed by someone duly authorized to do so. (19CFR ) This is usually, but not necessarily, a corporate officer, President, vice-president, treasurer, or secretary. Please indicate the person s capacity (title) on the Power of Attorney. If the POA is signed by other than a corporate officer, President, vice-president, treasurer, or secretary, the corporate certification on page 2 must be completed. POA s for corporations are valid until revoked unless a date is specified otherwise. Partnerships: A Power of Attorney from a partnership must state the names of all members of the partnership. One member of the partnership may execute the POA. (19CFR (a)) Limited Partnerships a POA from limited partnerships (LLP) must state the names of the general partners who have authority to bind the firm. A copy of the partnership agreement must accompany the POA. One member of the partnership may execute the POA. (19CFR (b)) POA s for partnerships and LLP s are valid for two years. Sole Propietorship: A Power of Attorney for a sole proprietorship must be signed the owner. Limited Liability Company: A limited liability company (LLC) can be designated as either a corporation, partnership or sole proprietor. Please advise us if you have completed IRS Form 8832, and how the LLC has been designated. If Form 8832 has not been completed, the default designation will apply. If the LLC has only one owner, it will automatically be treated as if it were a sole proprietorship, unless an election is made to be treated as a corporation. If the LLC has two or more owners, it will automatically be considered to be a partnership, unless an election is made to be treated as a corporation. If the LLC does not elect its classification, a default classification of partnership (multi-member LLC) or disregarded entity (taxed as if it were a sole proprietorship) will apply. If the LLC has been designated as a corporation, please follow the instructions for Corporation above. If the LLC has been designated as a Partnership (or in absence of filing Form 8832, defaults as a partnership), please follow the instructions for Partnership above. If the LLC has been designated as a Sole Proprietor (or in absence of filing Form 8832, defaults as a Sole Proprietor), then the POA must be signed by the owner. Verification of Employer Identification Number (EIN) or Social Security Number (SSN) In accordance with U.S. Customs and Border Protection Administrative Notice Dated April 20, 2005, Customs Brokers are required to validate the POA grantor s EIN or SSN. For Corporations, Partnerships, or Sole Proprietors, the only documentation that is acceptable for proof of a valid EIN is documentation from the IRS (on IRS letterhead or an IRS form) to the named party that indicates or references the EIN. Examples are: Your Employer Identification Number (EIN) notification from the IRS, or a recent IRS Form 8109 (Federal Tax Deposit Coupon) with a preprinted label by the IRS indicating name/address and EIN of the taxpayer If you have misplaced your EIN notification from the IRS, please follow the instructions at: or by calling For Individuals, please provide a copy of your social security card, AND your Driver s License We are also enclosing information on the Customs-Trade Partnership Against Terrorism (C-TPAT) minimum security criteria for importers. Please contact your local OIA Global Logistics office if you are interested in becoming a part of this security initiative. More information can be found at Thank you for your assistance in this matter. If you have any questions, please do not hesitate to contact us. Sincerely, OIA Global Logistics

2 CUSTOMS POWER OF ATTORNEY and DESIGNATION OF EXPORT FORWARDING AGENT Copyright 1995, National Customs Brokers and Forwarders Association of America, Inc. IRS or SSN Number: Check appropriate box: Individual C-TPAT SVI # (if C-TPAT certified): Partnership Corporation Sole Proprietorship KNOW ALL MEN BY THESE PRESENTS: That, doing business as a Sole Proprietorship under the laws of the State of ( ), residing or having a principal place of business at, hereby constitutes and appoints Oregon International Air Freight Co. d.b.a. OIA Global Logistics, its officers, employees, and/or specifically authorized agents, to act for and on its behalf as a true and lawful agent and attorney of the grantor for and in the name, place and stead of said grantor, from this date, in the United States (the territory ) either in writing, electronically, or by other authorized means, to: Make, endorse, sign, declare, or swear to any customs entry, withdrawal, declaration, certificate, bill of lading, carnet or any other documents required by law or regulation in connection with the importation, exportation, transportation, of any merchandise in or through the customs territory, shipped or consigned by or to said grantor; Perform any act or condition which may be required by law or regulation in connection with such merchandise deliverable to said grantor; to receive any merchandise; Make endorsements on bills of lading conferring authority to transfer title; make entry or collect drawback; and to make, sign, declare, or swear to any statement or certificate required by law or regulation for drawback purposes, regardless of whether such document is intended for filing with Customs; Sign, seal, and deliver for and as the act of said grantor any bond required by law or regulation in connection with the entry or withdrawal of imported merchandise or merchandise exported with or without benefit of drawback, or in connection with the entry, clearance, lading, unlading or navigation of any vessel or other means of conveyance owned or operated by said grantor, and any and all bonds which may be voluntarily given and accepted under applicable laws and regulations, consignee s and owner s declarations provided for in section 485, Tariff Act of 1930, as amended, or affidavits or statements in connection with the entry of merchandise. Sign and swear to any document and to perform any act that may be necessary or required by law or regulation in connection with the entering, clearing, lading, unlading, or operation of any vessel or other means of conveyance owned or operated by said grantor; Authorize other Customs Brokers duly licensed within the territory to act as grantor s agent; to receive endorse and collect checks issued for Customs duty refunds in grantor s name drawn on the Treasurer of the United States; if the grantor is a nonresident of the United States, to accept service of process on behalf of the grantor; And generally to transact Customs business, including filing of claims or protests under section 514 of the Tariff Act of 1930, or pursuant to other laws of the territories, in which said grantor is or may be concerned or interested and which may properly be transacted or performed by an agent and attorney; Giving to said agent and attorney full power and authority to do anything whatever requisite necessary to be done in the premises as fully as said grantor could do if present and acting, hereby ratifying and confirming all that the said agent and attorney shall lawfully do by virtue of these presents This power of attorney to remain full force and effect until revocation in writing is duly given to and received by grantee (if the donor of this power of attorney is a partnership, the said power shall in no case have any force or effect in the United States after the expiration 2 years from the dates of its execution); Appointment as Forwarding Agent: Grantor authorizes the above grantee to act within the territory as lawful agent and sign or endorse export documents (i.e., commercial invoices, bills of lading, insurance certificates, drafts and any other document) necessary for the completion of an export on grantor s behalf as may be required under law and regulation in the territory and to appoint forwarding agent s on grantor s behalf; Grantor hereby acknowledges receipt of Oregon International Air Freight Co. s terms and conditions. IN WITNESS WHEREOF, the said caused these presents to be sealed and signed: (Signature) (X) (signature of an individual duly authorized to sign this document) Print Name: (X) (Capacity/Title)(X) Date: (X) Witness: (If you are the importer of record, payment to the broker will not relieve you of liability for U.S. Customs charges (duties, taxes or other debts owed Customs) in the event the charges are not paid by the broker. Therefore, if you pay by check, Customs charges may be paid with a separate check payable to the U.S. Customs Service which shall be delivered to Customs by the broker. Importers who wish to utilize this procedure must contact our office in advance to arrange timely receipt of duty checks.)

3 INDIVIDUAL OR PARTNERSHIP CERTIFICATION CITY COUNTY ss: STATE On this day of, 20, personally appeared before me residing at, personally known or sufficiently identified to me, who certifies that (is) (are) the individual (s) who executed the foregoing instrument and acknowledge it to be free act and deed (Notary Public) CORPORATE CERTIFICATION (To be made by an officer of other than the one who executes the power of attorney) I,, certify that I am the of, organized under the laws of the State of that,who signed this power of attorney on behalf of the donor, is the of said corporation; and that said power of attorney was duly signed, and attested for and in behalf of said corporation by authority of its governing body as the same appears in a resolution of the Board of Directors passed at a regular meeting held on the day of,now in my possession or custody. I further certify that the resolution is in accordance with the articles of incorporation and bylaws of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said corporation, at the City of this day of,20. (Signature) (date)

4 Terms and Conditions of Service

5 C-TPAT Importer Security Criteria 03/25/2005 C-TPAT Security Criteria Importers Importers must conduct a comprehensive assessment of their international supply chains based upon the following C-TPAT security criteria. Where an importer outsources or contracts elements of their supply chain, such as a foreign facility, conveyance, domestic warehouse, or other elements, the importer must work with these business partners to ensure that pertinent security measures are in place and adhered to throughout their supply chain. The supply chain for C-TPAT purposes is defined from point of origin (manufacturer/supplier/vendor) through to point of distribution and recognizes the diverse business models C-TPAT members employ. C-TPAT recognizes the complexity of international supply chains and endorses the application and implementation of security measures based upon risk analysis. Therefore, the program allows for flexibility and the customization of security plans based on the member s business model. Appropriate security measures, as listed throughout this document, must be implemented and maintained throughout the importer s supply chains - based on risk. Business Partner Requirement Importers must have written and verifiable processes for the selection of business partners including manufacturers, product suppliers and vendors. Security procedures For those business partners eligible for C-TPAT certification (carriers, ports, terminals, brokers, consolidators, etc.) the importer must have documentation (e.g., C-TPAT certificate, SVI number, etc.) indicating whether these business partners are or are not C-TPAT certified. For those business partners not eligible for C-TPAT certification, importers must require their business partners to demonstrate that they are meeting C- TPAT security criteria via written/electronic confirmation (e.g., contractual obligations; via a letter from a senior business partner officer attesting to compliance; a written statement from the business partner demonstrating their compliance with C-TPAT security criteria or an equivalent WCO accredited security program administered by a foreign customs authority; or, by providing a completed importer security questionnaire).based upon a documented risk assessment process, non-c-tpat eligible business partners must be subject to verification of compliance with C-TPAT security criteria by the importer. Point of Origin Importers must ensure business partners develop security processes and procedures consistent with the C-TPAT security criteria to enhance the integrity of the shipment at point of origin. Periodic reviews of business partners processes and facilities should be conducted based on risk, and should maintain the security standards required by the importer. Participation / Certification in Foreign Customs Administrations Supply Chain Security Programs Current or prospective business partners who have obtained a certification in a supply chain security program being administered by foreign Customs Administration should be required to indicate their status of participation to the importer. Other Internal criteria for selection Internal requirements, such as financial soundness, capability of meeting contractual security requirements, and the ability to identify and correct security deficiencies as needed, should be addressed by the importer. Internal requirements should be assessed against a risk-based process as determined by an internal management team. Container Security Container integrity must be maintained to protect against the introduction of unauthorized material and/or persons. At point of stuffing, procedures must be in place to properly seal and maintain the integrity of the shipping containers. A high security seal must be affixed to all loaded containers bound for the U.S. All seals must meet or exceed the current PAS ISO standards for high security seals. Container Inspection Procedures must be in place to verify the physical integrity of the container structure prior to stuffing, to include the reliability of the locking mechanisms of the doors. A seven-point inspection process is recommended for all containers: Front wall Left side Right side Floor Ceiling/Roof Inside/outside doors Outside/Undercarriage Container Seals Written procedures must stipulate how seals are to be controlled and affixed to loaded containers - to include procedures for recognizing and reporting compromised seals and/or containers to US Customs and Border Protection or the appropriate foreign authority. Only designated employees should distribute container seals for integrity purposes.

6 Container Storage Containers must be stored in a secure area to prevent unauthorized access and/or manipulation. Procedures must be in place for reporting and neutralizing unauthorized entry into containers or container storage areas. Physical Access Controls Access controls prevent unauthorized entry to facilities, maintain control of employees and visitors, and protect company assets. Access controls must include the positive identification of all employees, visitors, and vendors at all points of entry. Employees An employee identification system must be in place for positive identification and access control purposes. Employees should only be given access to those secure areas needed for the performance of their duties. Company management or security personnel must adequately control the issuance and removal of employee, visitor and vendor identification badges. Procedures for the issuance, removal and changing of access devices (e.g. keys, key cards, etc.) must be documented. Visitors Visitors must present photo identification for documentation purposes upon arrival. All visitors should be escorted and visibly display temporary identification. Deliveries (including mail) Proper vendor ID and/or photo identification must be presented for documentation purposes upon arrival by all vendors. Arriving packages and mail should be periodically screened before being disseminated. Challenging and Removing Unauthorized Persons Procedures must be in place to identify, challenge and address unauthorized/unidentified persons. Personnel Security Processes must be in place to screen prospective employees and to periodically check current employees. Pre-Employment Verification Application information, such as employment history and references must be verified prior to employment. Background checks / investigations Consistent with foreign, federal, state, and local regulations, background checks and investigations should be conducted for prospective employees. Once employed, periodic checks and reinvestigations should be performed based on cause, and/or the sensitivity of the employee s position. Personnel Termination Procedures Companies must have procedures in place to remove identification, facility, and system access for terminated employees. Procedural Security Security measures must be in place to ensure the integrity and security of processes relevant to the transportation, handling, and storage of cargo in the supply chain. Documentation Processing Procedures must be in place to ensure that all information used in the clearing of merchandise/cargo, is legible, complete, accurate, and protected against the exchange, loss or introduction of erroneous information. Documentation control must include safeguarding computer access and information. Manifesting Procedures To help ensure the integrity of cargo received from abroad, procedures must be in place to ensure that information received from business partners is reported accurately and timely. Shipping & Receiving Arriving cargo should be reconciled against information on the cargo manifest. The cargo should be accurately described, and the weights, labels, marks and piece count indicated and verified. Departing cargo should be verified against purchase or delivery orders. Drivers delivering or receiving cargo must be positively identified before cargo is received or released. Cargo Discrepancies All shortages, overages, and other significant discrepancies or anomalies must be resolved and/or investigated appropriately. Customs and/or other appropriate law enforcement agencies must be notified if illegal or suspicious activities are detected - as appropriate. Security Training and Threat Awareness A threat awareness program should be established and maintained by security personnel to recognize and foster awareness of the threat posed by terrorists at each point in the supply chain. Employees must be made aware of the procedures the company has in place to address a situation

7 and how to report it. Additional training should be provided to employees in the shipping and receiving areas, as well as those receiving and opening mail. Additionally, specific training should be offered to assist employees in maintaining cargo integrity, recognizing internal conspiracies, and protecting access controls. These programs should offer incentives for active employee participation. Physical Security Cargo handling and storage facilities in domestic and foreign locations must have physical barriers and deterrents that guard against unauthorized access. Importers should incorporate the following C-TPAT physical security criteria throughout their supply chains as applicable. Fencing Perimeter fencing should enclose the areas around cargo handling and storage facilities. Interior fencing within a cargo handling structure should be used to segregate domestic, international, high value, and hazardous cargo. All fencing must be regularly inspected for integrity and damage. Gates and Gate Houses Gates through which vehicles and/or personnel enter or exit must be manned and/or monitored. The number of gates should be kept to the minimum necessary for proper access and safety. Parking Private passenger vehicles should be prohibited from parking in or adjacent to cargo handling and storage areas. Building Structure Buildings must be constructed of materials that resist unlawful entry. The integrity of structures must be maintained by periodic inspection and repair. Locking Devices and Key Controls All external and internal windows, gates and fences must be secured with locking devices. Management or security personnel must control the issuance of all locks and keys. Lighting Adequate lighting must be provided inside and outside the facility including the following areas: entrances and exits, cargo handling and storage areas, fence lines and parking areas. Alarms Systems & Video Surveillance Cameras Alarm systems and video surveillance cameras should be utilized to monitor premises and prevent unauthorized access to cargo handling and storage areas. Information Technology Security Password Protection Automated systems must use individually assigned accounts that require a periodic change of password. IT security policies, procedures and standards must be in place and provided to employees in the form of training. Accountability A system must be in place to identify the abuse of IT including improper access, tampering or the altering of business data. All system violators must be subject to appropriate disciplinary actions for abuse.